10 U.S.C. § 9033

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 9033 - Chief of Staff

(a)

(1) There is a Chief of Staff of the Air Force, appointed for a period of four years by the President, by and with the advice and consent of the Senate, from the general officers of the Air Force. He serves at the pleasure of the President. In time of war or during a national emergency declared by Congress, he may be reappointed for a term of not more than four years.

(2) The President may appoint an officer as Chief of Staff only if-

(A) the officer has had significant experience in joint duty assignments; and

(B) such experience includes at least one full tour of duty in a joint duty assignment (as defined in section 664(f)¹ of this title) as a general officer.

(3) The President may waive paragraph (2) in the case of an officer if the President determines such action is necessary in the national interest.

(b) The Chief of Staff, while so serving, has the grade of general without vacating his permanent grade.

(c) Except as otherwise prescribed by law and subject to section 9013(f) of this title, the Chief of Staff performs his duties under the authority, direction, and control of the Secretary of the Air Force and is directly responsible to the Secretary.

(d) Subject to the authority, direction, and control of the Secretary of the Air Force, the Chief of Staff shall-

(1) preside over the Air Staff;

(2) transmit the plans and recommendations of the Air Staff to the Secretary and advise the Secretary with regard to such plans and recommendations;

(3) after approval of the plans or recommendations of the Air Staff by the Secretary, act as the agent of the Secretary in carrying them into effect;

(4) exercise supervision, consistent with the authority assigned to commanders of unified or specified combatant commands under chapter 6 of this title, over such of the members and organizations of the Air Force as the Secretary determines;

(5) perform the duties prescribed for him by sections 171 and 3104 of this title and other provisions of law, including pursuant to section 9040 of this title; and

(6) perform such other military duties, not otherwise assigned by law, as are assigned to him by the President, the Secretary of Defense, or the Secretary of the Air Force.

(e)

(1) The Chief of Staff shall also perform the duties prescribed for him as a member of the Joint Chiefs of Staff under section 151 of this title.

(2) To the extent that such action does not impair the independence of the Chief of Staff in the performance of his duties as a member of the Joint Chiefs of Staff, the Chief of Staff shall inform the Secretary regarding military advice rendered by members of the Joint Chiefs of Staff on matters affecting the Department of the Air Force.

(3) Subject to the authority, direction, and control of the Secretary of Defense, the Chief of Staff shall keep the Secretary of the Air Force fully informed of significant military operations affecting the duties and responsibilities of the Secretary.

¹See References in Text note below.

10 U.S.C. § 9033

Aug. 10, 1956, ch. 1041, 70A Stat. 492, §8034; Pub. L. 85-599, §4(d), (e), Aug. 6, 1958, 72 Stat. 517; Pub. L. 87-651, title I, §114, Sept. 7, 1962, 76 Stat. 513; Pub. L. 90-22, title IV, §403, June 5, 1967, 81 Stat. 53; Pub. L. 96-513, title V, §504(2), Dec. 12, 1980, 94 Stat. 2915; Pub. L. 97-22, §10(b)(9), July 10, 1981, 95 Stat. 137; renumbered §8033 and amended Pub. L. 99-433, title V, §522(c), Oct. 1, 1986, 100 Stat. 1061; Pub. L. 100-456, div. A, title V, §519(a)(3), Sept. 29, 1988, 102 Stat. 1972; Pub. L. 114-92, div. A, title VIII, §802(d)(4)(D), title XVI, §1652(a)(3), Nov. 25, 2015, 129 Stat. 880, 1122; renumbered §9033 and amended Pub. L. 115-232, div. A, title VIII, §§806(c), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840; Pub. L. 116-283, div. A, title XVIII, §1808(d)(3), as added Pub. L. 117-81, div. A, title XVII, §1701(r)(2), Dec. 27, 2021, 135 Stat. 2149; Pub. L. 116-283, div. A, title XVIII, §1847(e)(6)(B), Jan. 1, 2021, 134 Stat. 4257; Pub. L. 117-81, div. A, title XVII, §1701(r)(1)(B), Dec. 27, 2021, 135 Stat. 2149.

HISTORICAL AND REVISION NOTES 1956 ACT
Revised section	Source (U.S. Code)	Source (Statutes at Large)
8034(a)8034(b)	10:1812 (1st sentence).10:1812 (less 1st sentence).	Sept. 19, 1951, ch. 407, §§202, 204, 65 Stat. 328.
8034(c)8034(d)	10:1814(a) (1st 10 words).10:1814(b) (2d sentence).10:1814(c).10:38 (last par.).10:1814(a) (less 1st 10 words).10:1814(b) (less 2d sentence).	June 3, 1916, ch. 134, §5 (last par.); added June 15, 1933, ch. 87, §2 (last par.), 48 Stat. 154.

In subsection (a), the words "not for" are substituted for the words "no person shall serve as Chief of Staff for a term of".In subsection (b), the words "so serving" are substituted for the words "holding office as such". The words "regular or reserve" are substituted for the word "permanent", since there are no other "permanent" grades in the Air Force. The words "in the Air Force" are omitted as surplusage. The words "and shall take rank as prescribed by law" are omitted as superseded by section 743 of this title. The words "He shall receive the compensation prescribed by law" are omitted as covered by the Career Compensation Act of 1949, 63 Stat. 802 ( 37 U.S.C. 231 et seq.). In subsection (c), the provisions of 10:1814 relating to the direction of the Secretary of the Air Force over the Chief of Staff are combined. The words "and subsection (c) of this section" and "state of" are omitted as surplusage.In subsection (d), 10:38 (last par.) is omitted as covered by 10:1814(a). The words "and other provisions of law" are substituted for the words "and by other laws".

1962 ACTThe changes correct references to section 202(j) of the National Security Act of 1947, which is now set out as section 124 of title 10.

EDITORIAL NOTES

REFERENCES IN TEXTSection 664(f) of this title, referred to in subsec. (a)(2)(B), was redesignated as section 664(d) of this title by Pub. L. 114-328, div. A, title V, §510(g)(1), Dec. 23, 2016, 130 Stat. 2111.

AMENDMENTS2021-Subsec. (d)(5). Pub. L. 116-283, §1847(e)(6)(B), which directed substitution of ",3103, and 4274" for "and 2547", was repealed by Pub. L. 117-81, §1701(r)(1)(B) . Pub. L. 116-283, §1808(d)(3), as added by Pub. L. 117-81, §1701(r)(2), substituted "and 3104" for "and 2547". 2018- Pub. L. 115-232, §806(c), renumbered section 8033 of this title as this section.Subsec. (c). Pub. L. 115-232, §809(a), substituted "section 9013(f)" for "section 8013(f)".Subsec. (d)(5). Pub. L. 115-232, §809(a), substituted "section 9040" for "section 8040". 2015-Subsec. (d)(5). Pub. L. 114-92, §1652(a)(3), inserted ",including pursuant to section 8040 of this title" after "other provisions of law". Pub. L. 114-92, §802(d)(4)(D), substituted "sections 171 and 2547" for "section 171". 1988-Subsec. (a)(2)(B). Pub. L. 100-456 substituted "full tour of duty in a joint duty assignment (as defined in section 664(f) of this title)" for "joint duty assignment". 1986-Pub. L. 99-433 renumbered section 8034 of this title as this section, substituted "Chief of Staff" for "Chief of Staff: appointment; duties" in section catchline, and amended text generally. Prior to amendment, text read as follows:"(a) The Chief of Staff shall be appointed for a period of four years by the President, by and with the advice and consent of the Senate, from the general officers of the Air Force. He serves during the pleasure of the President. In time of war or national emergency declared by the Congress after December 31, 1968, he may be reappointed for a term of not more than four years."(b) The Chief of Staff, while so serving, has the grade of general without vacating his regular or reserve grade."(c) Except as otherwise prescribed by law and subject to section 8012(c) and (d) of this title, the Chief of Staff performs his duties under the direction of the Secretary of the Air Force, and is directly responsible to the Secretary for the efficiency of the Air Force, its preparedness for military operations, and plans therefor. "(d) The Chief of Staff shall-"(1) preside over the Air Staff;"(2) send the plans and recommendations of the Air Staff to the Secretary, and advise him with regard thereto; "(3) after approval of the plans or recommendations of the Air Staff by the Secretary, act as the agent of the Secretary in carrying them into effect;"(4) exercise supervision over such of the members and organizations of the Air Force as the Secretary of the Air Force determines. Such supervision shall be exercised in a manner consistent with the full operational command vested in unified or specified combatant commanders under section 124 of this title."(5) perform the duties prescribed for him by sections 141 and 171 of this title and other provisions of law; and"(6) perform such other military duties, not otherwise assigned by law, as are assigned to him by the President." 1981-Subsec. (b). Pub. L. 97-22 struck out the comma after "his regular or reserve grade". 1980-Subsec. (b). Pub. L. 96-513 struck out "and is counted as one of the officers authorized to serve in a grade above lieutenant general under section 8066 of this title" after "without vacating his regular or reserve grade".1967-Subsec. (a). Pub. L. 90-22 changed the requirement that the Chief of Staff be reappointed only with the advice and consent of the Senate by providing for his reappointment for a term of not more than four years by the President without such advice and consent in a time of war or national emergency as declared by the Congress.1962-Subsec. (d)(4). Pub. L. 87-651 substituted "under section 124 of this title" for "pursuant to section 202(j) of the National Security Act of 1947, as amended". 1958-Subsec. (d)(4) to (7). Pub. L. 85-599 redesignated pars. (5) to (7) as (4) to (6), respectively, and in par. (4), as redesignated, required the Chief of Staff to exercise supervision only as the Secretary of the Air Force determines and in a manner consistent with the full operational command vested in unified or specified combatant commanders. Former par. (4), which related to command over the air defense, strategic, tactical, and other major commands, was struck out.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117-81 applicable as if included in the enactment of title XVIII of Pub. L. 116-283 as enacted, see section 1701(a)(2) of Pub. L. 117-81, set out in a note preceding section 3001 of this title and note below.Amendment by Pub. L. 116-283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116-283, set out as a note preceding section 3001 of this title.

EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115-232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115-232, set out as a note preceding section 3001 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97-22, §10(b), July 10, 1981, 95 Stat. 137, provided that the amendment made by that section is effective Sept. 15, 1981.

EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section 701 of Pub. L. 96-513, set out as a note under section 101 of this title.

EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-22 effective Jan. 1, 1969, see section 405 of Pub. L. 90-22, set out as a note under section 7033 of this title.

WAIVER OF QUALIFICATIONS FOR APPOINTMENT AS SERVICE CHIEFFor provisions giving President temporary authority to waive requirements in subsec. (a)(2) of this section, see section 532(c) of Pub. L. 99-433, title V, Oct. 1, 1986, 100 Stat. 1063, which was formerly set out as a note under section 3033 of this title.

includes: "includes" means "includes but is not limited to"; and
general officer: The term "general officer" means an officer of the Army, Air Force, Marine Corps, or Space Force serving in or having the grade of general, lieutenant general, major general, or brigadier general.
grade: The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
officer: The term "officer" means a commissioned or warrant officer.
rank: The term "rank" means the order of precedence among members of the armed forces.